SHATTUCK v. PENNSYLVANIA R. CO.


50 F.2d 974 (1931)

SHATTUCK et al. v. PENNSYLVANIA R. CO.

District Court, W. D. New York.

May 14, 1931.


Attorney(s) appearing for the Case

Levi Ginsburg, of Elmira, N. Y., for plaintiffs.

Diven & Diven, of Elmira, N. Y., for defendant.


KNIGHT, District Judge.

The action is in negligence. Issue was joined on December 29, 1930. Thereafter, application was made by the defendant to take the testimony of Frank J. Spear at Tampa, Fla. Taking of such testimony was adjourned from time to time by consent of the parties until April 22, 1931. On April 20, 1931, on application of the plaintiffs, an order was granted by this court returnable May 4, 1931, directing defendants to show cause why an order of discontinuance...

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